CEDH · CASELAW;COMMUNICATEDCASES;ENG — 30 novembre 2023

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s40F41F73 { margin-top:0pt; margin-bottom:0pt; text-align:right } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s34DFC730 { margin-top:0pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s54AB6003 { margin-top:66pt; margin-bottom:14pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .sE7C30868 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s2D9C6089 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .sA36B60A1 { font-family:Arial; font-style:italic } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s4ACA9207 { page-break-before:always; clear:both; mso-break-type:section-break } .s6DB91820 { text-align:center } .s8BB62139 { margin-right:auto; margin-left:auto; border-collapse:collapse } .s3695F815 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .sDF237D91 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:8pt } .sEECE831 { font-family:Arial; font-weight:bold; color:#474747 } .sE8934522 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } .s6B505E72 { margin:0pt; padding-left:0pt } .s4F2ADFDB { text-align:center; font-family:Arial; font-size:8pt; list-style-position:inside } .sBB6163A7 { width:2.48pt; font:7pt 'Times New Roman'; display:inline-block } .s5FFF0A7E { margin-top:0pt; margin-bottom:0pt; font-size:8pt } Published on 8 January 2024   THIRD SECTION Application no.   47310/20 Sergey Aleksandrovich SYCHEV against Russia and 13 other applications (see list appended) PROCEDURAL INFORMATION Following a preliminary examination of the admissibility of the applications on 30 November 2023, the Court decided, under Rule 54 § 2 (b) of the Rules of Court, that notice of the applications should be given to the Government of Russia. In the applications marked by an asterisk, other complaints were raised. This part of the applications has been struck out of the Court’s list of cases or declared inadmissible by the Court, sitting in a single-judge formation, assisted by a rapporteur as provided for in Article 24 § 2 of the Convention. In the enclosed list of applications, whenever an applicant is referred to using initials, this indicates that the Court has authorised anonymity for that person, whose identity will not be disclosed to the public (Rule 47 § 4). For further information on the procedure following communication of an application brought against Russia, subject of well-established case law of the Court, please refer to the Court’s website . SUBJECT MATTER The applications concern complaints raised under Article 11 of the Convention relating to disproportionate measures against organisers and participants of public assemblies which are the subject of well-established case law of the Court (see Frumkin v. Russia, no. 74568/12, ECHR 2016 (extracts), Navalnyy and Yashin v. Russia, no. 76204/11, 4 December 2014 and Kasparov and Others v. Russia, no. 21613/07, 3 October 2013).   APPENDIX – STATEMENT OF FACTS List of applications raising complaints under Article 11 of the Convention (disproportionate measures against organisers and participants of public assemblies) No. Application no. Date of introduction Applicant’s name Year of birth   Representative’s name and location Name of the public event Location Date Administrative charges (Code of administrative offences, CAO) Penalty Final domestic decision Court Name Date Other complaints under well-established case ‑ law     47310/20* 05/10/2020 Sergey Aleksandrovich SYCHEV 1987 Aleksandr Vasilyevich Popkov Sochi Spontaneous manifestation against construction of a combustion plant in Tatarstan   Zelenodolsky Town Court of the Tatarstan Republic   16/12/2019 article 20.2.2 § 1 of CAO, article 19.3 § 1 of CAO fines of RUB   10,000 and RUB   500 Supreme Court of the Tatarstan Republic (both decisions on the same date) 22/01/2020 Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant has been held administratively liable twice regarding his participation in one and the same manifestation (complaint raised on appeal)     47320/20* 02/10/2020 Marat Minakhmatovich MUNASIPOV 1992 Aleksandr Vasilyevich Popkov Sochi Spontaneous manifestation against construction of a combustion plant in Tatarstan   Zelenodolsky Town Court of the Tatarstan Republic   16/12/2019 article 19.3 § 1 of CAO, article 20.2.2 § 1 of CAO fines of RUB   10,000 and RUB   500 Supreme Court of the Tatarstan Republic (both decisions on the same date) 22/01/2020 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of proceedings (22/01/2020, Supreme Court of the Tatarstan Republic),   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officers and other witnesses on whose written statements the applicant’s conviction was based,   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant has been held administratively liable twice regarding his participation in one and the same manifestation (complaint raised on appeal).     47326/20* 01/10/2020 Valentina Veniaminovna KUZNETSOVA 1965 Aleksandr Vasilyevich Popkov Sochi Spontaneous manifestation against construction of a combustion plant in Tatarstan   Zelenodolsky Town Court of the Tatarstan Republic   16/12/2019 article 19.3 § 1 of CAO, article   20.2.2 § 1 of CAO fines of RUB   10,000 and RUB   500 Supreme Court of the Tatarstan Republic (both decisions on the same date) 22/01/2020 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of proceedings (22/01/2020, Supreme Court of the Tatarstan Republic),   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officers and other witnesses on whose written statements the applicant’s conviction was based,   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant has been held administratively liable twice regarding her participation in one and the same manifestation (complaint raised on appeal).     47329/20* 02/10/2020 Tatyana Grigoryevna VOROBYEVA 1957 Aleksandr Vasilyevich Popkov Sochi Spontaneous manifestation against construction of a combustion plant in Tatarstan   Zelenodolsky Town Court of the Tatarstan Republic   16/12/2019 article 20.2.2 § 1 of CAO fine of RUB   10,000 Supreme Court of the Tatarstan Republic 22/01/2020       47330/20* 07/10/2020 Vera Iosifovna KERPEL 1985     Spontaneous manifestation against construction of a combustion plant in Tatarstan   Zelenodolsky Town Supreme Court of the Tatarstan Republic   16/12/2019 article 19.3 § 1 of CAO, article   20.2.2 § 1 of CAO fines of RUB   10,000 and RUB   500 Supreme Court of the Tatarstan Republic (both decisions on the same date) 22/01/2020 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”: - on 16/12/2019 from 10.00   a.m. to 11:57 p.m.; - on 14/01/2020 from 06.20   p.m. to 15/01/2020 at 5   a.m.,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in 2 sets of proceedings (22//01/2020 Supreme Court of the Tatarstan Republic),   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant has been held administratively liable twice regarding her participation in one and the same manifestation (complaint raised on appeal),   Art. 10 (1) - disproportionate measures against solo demonstrators - On 14/01/2020 in Kazan, the applicant held a solo picketing, she was sentenced to 30 hours of community service under Art. 20.2 § 2 of the CAO. Final decision: Supreme Court of the Tatarstan Republic, 18/03/2020.     47336/20* 02/10/2020 Aleksey Vyacheslavovich ALEKSEYEV 1978 Aleksandr Vasilyevich Popkov Sochi Spontaneous manifestation against construction of a combustion plant in Tatarstan   Zelenodolsky Town Court of the Tatarstan Republic   16/12/2019 article 19.3 § 1 of CAO, article   20.2.2. § 1 of CAO fines of RUB   700 and RUB   10,000 Supreme Court of the Tatarstan Republic, 22/01/2020 and 05/02/2020 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of proceedings (22/01/2020 and 05/02/2020, Supreme Court of the Tatarstan Republic),   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant has been held administratively liable twice regarding his participation in one and the same manifestation (complaint raised on appeal),   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officers and other witnesses on whose written statements the applicant’s conviction was based     47344/20* 02/10/2020 Valentina Vladimirovna ANDRONOVA 1977 Aleksandr Vasilyevich Popkov Sochi Spontaneous manifestation against construction of a combustion plant in Tatarstan   Zelenodolsky Town Court of the Tatarstan Republic   16/12/2019 article 19.3 § 1 of CAO, article   20.2.2 § 1 of CAO fines of RUB   500 and RUB   10,000 Supreme Court of the Tatarstan Republic (both decisions on the same date) 22/01/2020 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of proceedings (22/02/2020, Supreme Court of the Tatarstan Republic),   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant has been held administratively liable twice regarding her participation in one and the same manifestation (complaint raised on appeal)     47347/20* 02/10/2020 Zoya Nikolayevna MARTYASHINA 1960 Aleksandr Vasilyevich Popkov Sochi Spontaneous manifestation against construction of a combustion plant in Tatarstan   Zelenodolsky Town Court of the Tatarstan Republic   16/12/2019 article 19.3 § 1 of CAO, article   20.2.2 § 1 of CAO fines of RUB   500 and RUB   10,000 Supreme Court of the Tatarstan Republic (both decisions on the same date) 22/01/2020 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of proceedings (22/01/2020, Supreme Court of the Tatarstan Republic),   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officers and other witnesses on whose written statements the applicant’s conviction was based,   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant has been held administratively liable twice regarding her participation in one and the same manifestation (complaint raised on appeal).     47353/20* 02/10/2020 Irina Gamilovna AZABINA 1968 Aleksandr Vasilyevich Popkov Sochi Spontaneous manifestation against construction of a combustion plant in Tatarstan   Zelenodolsky Town Court of the Tatarstan Republic   16/12/2019 article 20.2.2 § 1 of CAO, article   19.3 § 1 of CAO fines of RUB   10,000 and RUB   500 Supreme Court of the Tatarstan Republic (both decisions on the same date) 22/01/2020 Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officers and other witnesses on whose written statements the applicant’s conviction was based,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of proceedings (22/01/2020, Supreme Court of the Tatarstan Republic),   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant has been held administratively liable twice regarding his participation in one and the same manifestation (complaint raised on appeal).   48341/20* 16/10/2020 Oleg Aleksandrovich KHORKOV 2000 Dmitriy Igorevich Zakhvatov Moscow Manifestation for Internet freedom   Moscow   10/03/2019 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 22/01/2020 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 12.30 p.m. to 6.00 p.m. on 10/03/2019,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - 22/01/2020, Moscow City Court.   48538/20* 20/10/2020 Nikolay Borisovich VOROBYEV 1957 Aleksandr Vasilyevich Popkov Sochi Spontaneous manifestation against construction of a combustion plant in Tatarstan   Zelenodolsky Town Court of the Tatarstan Republic   16/12/2019 article 20.2.2 § 1 of CAO, article   19.3 § 1 of CAO fines of RUB   5,000 and RUB   500 Supreme Court of the Tatarstan Republic (both decisions on the same date) 05/02/2020 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of proceedings (05/02/2020, Supreme Court of the Tatarstan Republic),   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant has been held administratively liable twice regarding his participation in one and the same manifestation (complaint raised on appeal).   48555/20* 20/10/2020 Ruzaliya Tasimovna GAYNULLINA 1957 Aleksandr Vasilyevich Popkov Sochi Spontaneous manifestation against construction of a combustion plant in Tatarstan   Zelenodolsky Town Court of the Tatarstan Republic   16/12/2019 article 20.2.2 § 1 of CAO, article   19.3 § 1 of CAO fines of RUB   5,000 and RUB   500 Supreme Court of the Tatarstan Republic 12/02/2020 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of proceedings (12/02/2020, Supreme Court of the Tatarstan Republic)   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant has been held administratively liable twice regarding his participation in one and the same manifestation (complaint raised on appeal).   48572/20* 20/10/2020 Lyubov Kuzminichna SHESHINA 1956 Aleksandr Vasilyevich Popkov Sochi Spontaneous manifestation against construction of a combustion plant in Tatarstan   Zelenodolsky Town Court of the Tatarstan Republic   16/12/2019 article 20.2.2 § 1 of CAO, article   19.3 § 1 of CAO fines of RUB   5,000 and RUB   500 Supreme Court of the Tatarstan Republic (both decisions on the same date) 12/02/2020 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of proceedings (12/02/2020, Supreme Court of the Tatarstan Republic),   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant has been held administratively liable twice regarding her participation in one and the same manifestation (complaint raised on appeal).   49643/20 27/10/2020 Georgiy Nikolayevich TURKIN 1995   Memorial Human Rights Centre Moscow Manifestation for fair elections to Mosgorduma   Moscow   10/08/2019     Manifestation in support to A.   Navalnyy   Moscow   23/01/2021 article 20.2 § 5 of CAO               article 20.2 § 5 of CAO fine of RUB   15,000               fine of RUB   15,000 Moscow City Court 06/02/2020               Moscow City Court 13/07/2021 Art. 5 (1) - unlawful deprivation of liberty in excess of 3 hours for the sole purpose of drawing a record of administrative offence: from 7.37   p.m. to 11 p.m. on 10/08/2019, unlawful escorting to a police station from 06.00 to at least 07.25 p.m. on 23/01/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of proceedings (06/02/2020, 13/07/2021, Moscow City Court),   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based, in both sets of proceedings